Q: Where do I file for custody and how? Illinois or Pennsylvania? I just moved back to IL from PA after 11 Months.
My daughter was born in 2015 in PA (with both myself and her biological father on the birth certificate), we spent 2 years here and moved to IL for about a year to stay with her paternal grandparents. December of 2018 I separated from her Biological father (we were not married) and I moved my daughter and I to Pennsylvania for 11 months. I've recently decided to go back to IL and we will be moving 10/25/2019 (in a few days from this post). I would like to file for sole custody of my daughter in case her biological father wants to re-enter her life and try to fight me on custody. He has shown no interest nor tried to support her at all in the 11 months since our separation. I want to file for full parental responsibility of her and need to know where to file... am i suppose to file in PA because we've been here for 11 months or do I file in IL where we are going to be in just a few short days?
A:
It depends. If you want to file right away, you probably should consult an attorney in Pennsylvania, because it would be the child's "home state" for interstate jurisdictional purposes. Generally, a "home state" is the state where the child lived for six months prior to the filing of the custody action. There are exceptions and it may make sense for you to also contact a lawyer in Illinois, since you and the father and the child will all be in that state.
I cannot speak to the custody law in Illinois, but in Pennsylvania it would be difficult to get a custody order cutting her father out of her life, if he wants to be part of it and if he is not unfit for some reason. He would get notice of the custody action and make a decision that you cannot control.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
